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Johannesburg - The Pretoria High Court will on Wednesday make a landmark ruling as to whether Chinese South Africans qualify for the full benefits in terms of Employment Equity and
Broad-Based Black Economic Empowerment legislation.
This ruling will be the culmination of an eight year struggle by the Chinese Association of South Africa (CASA) to obtain clarity from government as to whether Chinese South Africans - who were classified as "coloured" during the apartheid era - qualify for the benefits in terms of the
Employment Equity Act (EE Act) and the Broad-Based Black Economic Empowerment Act (BBBEE Act).
"It was never CASA's intention to take the matter to the Court, but for eight years, government has been unable to provide us with a definitive answer as to the community's EE and BBBEE status," says Patrick Chong, chairperson of CASA.
In June 2006, Edward Nathan Sonnenbergs wrote to the Minister of Labour, the Minister of Trade and Industry and the Minister of Justice and Constitutional Development, demanding clarity regarding the classification status of Chinese South Africans. When this did not yield any satisfactory response, CASA had not other option than to launch a High Court application on December 20 2007, citing all three Ministers as respondents.
Judge Pretorius has been allocated the case. Representing CASA in court will be human rights lawyer, adv George Bizos SC, assisted by adv Alfred Cockrell.
- I-Net Bridge